- 1 - NC: 2025:KHC:6263 WP No. 3733 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 3733 OF 2025 (KLR-RES) BETWEEN: SMT. SUDHA R W/O. BHARATH AGED ABOUT 29 YEARS, R/AT DODDAKARENAHALLI VILLAGE, YENTAGANAHALLI POST, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT-562123 …PETITIONER (BY SRI. BIPIN HEGDE, ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY PRINCIPAL SECRETARY REVENUE DEPARTMENT, VIDHANA SOUDHA BENGALURU-560001 2. DEPUTY COMMISSIONER TUMKURU DISTRICT, TUMKURU-572101 3. THE ASSISTANT COMMISSIONER, TUMKURU SUB-DIVISION, TUMKURU-572101. 4. THE TAHASILDAR KUNIGAL TALUK, KUNIGAL-572130 …RESPONDENTS (BY SMT. B.P. RADHA, AGA) Digitally signed by B VEENA KUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6263 WP No. 3733 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET- ASIDE THE ENDORSEMENT BEARING NO. RRT(KAS)CR.349/2024-25, ISSUED BY RESPONDENT NO.4 WHICH IS PRODUCED HEREWITH AS ANNEXURE-N. DIRECT THE 4TH RESPONDENT TO ENTER THE NAME OF THE PETITIONER IN REVENUE RECORDS i.e. R.T.C. KHATHA, MUTATION ETC., IN RESPECT OF SY.NO.85, T.HOSAHALLI VILLAGE, KASABA HOBLI, KUNIGAL TALUK TUMKUR DISTRICT, MEASURING 4 ACRE 25 GUNTAS INCLUDING 15 GUNTAS KHARAB, IN VIEW OF THE FACT THAT THE O.S.NO.138/2019, O.S.NO.394/2018 AND P.C.R.NO.20/2022 HAS BEEN DISMISSED. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM In the captioned petition, petitioner is assailing endorsement issued by respondent No.4 evidenced at Annexure –N. Respondent No.4 has declined to mutate petitioner's name on the premise that civil suits are pending consideration. Assailing the said endorsement ,the petitioner is compelled to knock the doors of this Court. 2. Heard the learned counsel for the petitioner and learned Additional Government Advocate for the respondents. - 3 - NC: 2025:KHC:6263 WP No. 3733 of 2025 3. Petitioner has placed on record the documents indicating that declaration suit filed against the petitioner in O.S.No.138/2019 has ended in compromise. Following compromise, memo for withdrawal is filed, which is entertained by the Court and suit is withdrawn. In the memo, plaintiff therein, has acknowledged the sale deed obtained by the petitioner, which is also evident in the order sheet produced vide Annexure –H. 4. In the impugned endorsement, the authority has declined to effect mutation in favour of the petitioner on the premise that the suit for bare injunction is pending in O.S.No.166/2022. Petitioner has also placed on record the judgment rendered in O.S.No.166/2022 which is dismissed. 5. On closer examination of records ,this Court is more than satisfied that no suits are pending, more over, the vendor has acknowledged the petitioner's title and possession, by virtue of sale deed dated 20.09.2018 which is evidenced at Annexure –H. In that view of the matter, - 4 - NC: 2025:KHC:6263 WP No. 3733 of 2025 petitioner has acquired legal right to seek mandamus at the hands of this Court. 6. Respondent No.4-Tahasildar is equally obligated to take cognizance of the orders passed by the Civil Court and accordingly act on the registered sale deed dated 20.09.2018 and effect change of khata by following mandate provided under Section 128 and 129 of Karnataka Land Revenue Act, 1964. This is a fit case where mandamus lies. 7. Accordingly, this Court passes the following: ORDER (i) The Writ Petition is allowed. (ii) Endorsement bearing No.RRT (KAS)CR:349/2024-25 dated 08.01.2025 issued by respondent No.4 is quashed and set aside. (iii) Respondent No.4 –Tahasildar is hereby directed to mutate petitioner's name by taking - 5 - NC: 2025:KHC:6263 WP No. 3733 of 2025 cognizance of registered sale deed dated 20.09.2018. (iv) This exercise shall be accomplished within a period of six weeks from the date of receipt of copy of the order. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE BVK List No.: 1 Sl No.: 38